DG&G, Inc. v. FlexSol Packaging Corp., No. 08-3417

In a product liability action, summary judgment for defendant is affirmed where: 1) plaintiff knew or reasonably may be expected to have known of the specific danger of bagging cotton with excess moisture, and thus its strict liability failure-to-warn claim failed; 2) plaintiff failed to establish reasonably anticipated use, and thus adverse rulings on strict liability defective-product, negligence, and implied warranty claims were proper; 3) the court did not abuse its discretion in considering cured unsworn expert reports; and 4) the court did not abuse its discretion in excluding expert testimony under Daubert.

Read DG&G, Inc. v. FlexSol Packaging Corp., No. 08-3417

Appellate Information

Submitted: June 10, 2009

Filed: August 17, 2009

Judges

Opinion by Judge Benton